Deitrich v. Darr

The opinion of the court was delivered by

Harvey, J.:

This is an action upon a promissory note. The court sustained a demurrer to the evidence of defendants and directed judgment for plaintiffs. The defendants have appealed.

Deitrich and Crook, implement dealers, sued Darr and Dilts, two farmers, on a promissory note executed by defendants and payable to plaintiffs. Defendants answered, admitting execution and delivery of the note, but alleged that the note (together with another) was given to plaintiffs in payment of a certain tractor and plows purchased by defendants from plaintiffs under an…